August 2018 WLF Month in Review

WLF Month in Review

To read more about the items below, click above for a PDF of the newsletter.
New Filings
  • U.S. Supreme Court should overturn a massive judgment against paint manufacturers for the cost of removing lead paint from homes throughout California.
  • Multi-national corporations should not be subject to tort suits under the Alien Tort Statute based on allegations that they aided and abetted a foreign government’s violations of the human rights of its own citizens.
  • The Constitution protects States from being named as defendants in federal court suits, but they can be required to participate as plaintiffs in federal class-action litigation.
  • The Supreme Court should adhere to its direct-purchaser rule in antitrust litigation, whereby standing to sue is limited to the immediate victims of the allegedly anticompetitive conduct.
  • The judiciary should enforce the strict limits that Congress imposed on the Federal Trade Commission’s authority to file enforcement actions in federal court.
Cases Decided
  • Seventh Circuit, at WLF’s urging, overturns state-law failure-to-warn judgment against drug manufacturer, finding that FDA expressly prohibited manufacturer from adding plaintiff’s proposed warning to its product label.
  • Sixth Circuit declines to reconsider a False Claims Act decision that significantly expands the definition of a “material” false claim, thereby increasing potential FCA liability.
  • California Supreme Court declines to hear challenge to the State’s decision to require manufacturers to list glyphosate, a widely used herbicide, as a human carcinogen.